HBA-NRS C.S.H.B. 2212 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2212
By: Farabee
County Affairs
4/8/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law prohibits the county auditor from certifying funds for the
current fiscal year that are received after the fiscal year goes into
effect unless the funds are public or private grant or aid money or the
funds are received from an intergovernmental contract. This prevents the
county from using funds from other sources throughout the year and requires
the county to hold the money until it can be budgeted into the next fiscal
year. C.S.H.B. 2212 requires a county auditor to certify to the
commissioners court the receipt of revenue from a new source not
anticipated before the adoption of the budget for that fiscal year. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 2212 amends the Local Government Code to require a county auditor
or county judge in a county that does not have an auditor to certify to the
commissioners court the receipt of revenue from a new source not
anticipated before the adoption of the budget and therefore not included in
the budget for that fiscal year. On certification, the bill authorizes a
county commissioners court to adopt a special budget for the limited
purpose of spending the revenue for general purposes or for any of its
intended purposes. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2212 modifies the original bill to require rather than authorize a
county auditor or a county judge to certify to the commissioners court the
receipt of revenue from a new source not anticipated before the adoption of
the budget for the fiscal year. The substitute authorizes the court to
adopt a special budget to spend the revenue for general purposes.